The laws concerning a person’s right to legally bear arms in Georgia can be confusing. While the 2nd Amendment of the United States Constitution does guarantee the right to bear arms, the state of Georgia has enacted specific legislation placing limits on this right.
Simply possessing a firearm in a place prohibited by law is enough to get a person into trouble as they face criminal prosecution that can result in significant jail time and fines. This is in addition to the fact that the use of a firearm while committing another crime is an aggravating factor that can bring on heavy sentences.
Roswell gun lawyers represent people who have been charged with illegal possession of a firearm, as well as people who have been charged with other crimes while using a gun. Consult with an experienced attorney today.
Georgia Laws for Possession of a Firearm
Georgia’s principle law for dealing with the illegal possession of a firearm is GA Code 16-11-126. One important aspect of this law is how it creates a presumption that a person possesses a firearm legally.
For example, many of the sections in the statute contain the phrase, “any person who is not prohibited by law from possessing…” This presumption allows the possession of certain firearms in a person’s home, motor vehicle, place of business, and even on their person, without a license.
The only scenario of firearm possession in Georgia that requires a license is if the owner wishes to carry a loaded handgun or long gun in public. Under GA Code, people who wish to carry a loaded gun in public must apply for a license with the local probate court.
Denial of License
There is a presumption that the license will be issued. However, there are certain categories of people who will be denied a license including:
- Anyone with a conviction for illegal possession in the past
- Anyone with a felony conviction
- Anyone with a misdemeanor conviction for possession of a controlled substance for which any penalty is still being levied
A person who violated this statute is subject to a misdemeanor for a first offense. A second conviction within five years of a first conviction is a felony with a minimum jail term of two years. Additionally, any conviction under this statute will prevent a person from successfully obtaining a license in the future.
Illegal Firearm Locations
Another common gun-related crime is possession of a firearm in an illegal location. This is a misdemeanor offense which is punishable by up to one-year imprisonment. Examples of these illegal locations include:
- A courthouse
- A jail
- A mental health facility
- Within 150 feet of any polling place
While there are some exceptions to the strict prohibitions, generally speaking, a person is guilty of this offense regardless of their intent or motive for bringing the weapon. A person should talk to a Roswell gun lawyer for more on Georgia’s gun laws.
How a Roswell Gun Attorney Can Help
Whether you have been charged with illegal possession of a firearm or other crimes involving the use of a gun, Roswell gun lawyers are here to help. The penalties for improper gun possession can be strict, involving potential jail time and an inability to legally carry in the future.
While a person may be charged with illegal possession due to an innocent misunderstanding of the law, the District Attorney will prosecute the case regardless. Roswell gun lawyers help people to better understand their rights and obligations as gun owners, and to defend them against any criminal charges stemming from that ownership. Do not take any chances with your liberty and personal freedom, contact an attorney today to see how they can help defend people against firearm-related charges.